CORPORATE OFFICERS TY vs. JAMIL GR No.

182147, DECEMBER 15, 2010 FACTS: Petitioners are stockholders of Omni Gas Corporation ("Omni"). They are being suspected of engaging in illegal trading of petroleum products and underfilling of branded LPG cylinders in violation of B.P. 33, as amended by P.D. 1865. NBI Agents Marvin De Jemil and Edgardo Kawada conducted surveillance operations on Omni. On 15 April 2004, the NBI Agents carried out a test-buy. Using eight branded LPG cylinders from Shell, Petron and Total, they went to Omni for refilling. Omni refilled the cylinders. The NBI agents paid more than P1500. LPG Inspector Noel Navio found that the LPG cylinders were without LPG valve seals and one of the cylinders was actually underfilled. On 28 April 2004, Agent De Jemil obtained a search warrant from Pasig RTC branch 167. The NBI seized several items from Omni's premises. Subsequently, Agent De Jemil filed his Complaint-Affidavit before the DOJ. The Assistant City Prosecutor of Pasig found probable cause for violation of BP 33. This was later approved by Chief State Prosecutor Jovencito Zuno. Petitioners appealed the decision to the Secretary of Justice, who later reversed the decision of the Office of the Chief State Prosecutor. NBI Agent De Jemil moved for reconsideration. However, it was denied. He thus filed a petition for certiorari under Rule 65 with the Court of Appeals. The Court of Appeals affirmed the decision of Secretary of Justice. It later reversed itself and reinstated the Resolution of the Chief State Prosecutor. ISSUE: W/N petitioners can be held liable therefor. HELD: NO. Only Arnel Ty, as President of Omni, is liable. The other petitioners, who are members of Omni's Board of Directors, are not liable. Sec. 4 of BP 33 enumerates the persons who may be held liable, viz: (1) the president, (2) general manager, (3) managing partner, (4) such other officer charged with the management of the business affairs of the corporation or juridical entity, or (5) the employee responsible for such violation. The Board of Directors is primarily a policy-making body of the Corporation who doesn't concern itself with day-today operations.